Log Book
Newsletter No. 73 - January 2015
Summary
Collective bargaining agreements
category-based benefits are deemed to be valid.
Internal rules
obligation to set the maximum period for disciplinary employee suspensions.
Non-compete clause
period during which the clause can be waived for cases in which notice period is not required to be carried out.
Employee assessment
validity of a self-assessment system for employees.
Work resumption examinations
employer’s prior notification of a work resumption examination initiated by the employee.
Unemployment insurance
expatriate employees must be registered with the French unemployment insurance scheme.
Employment during retirement
no new pension rights
Newsletter No. 72 - December 2014
Summary
Trial period
disciplinary dismissal on grounds of misconduct during the trial period.
Working time
validity of working time counted in days agreed on the basis of the French national collective bargaining agreement for Banks.
Mutually agreed termination
consequences of a payment below the legal minimum.
Umbrella facilities (portage salarial)
more flexible accommodation of jobseekers.
“Business life Simplification Act”
defined-purpose fixed-term contracts and various provisions.
Work placements
Increase in trainee allowance.
Redundancy
lower unemployment allowance.
Newsletter No. 71 - November 2014
Summary
Civil Liberties
lawfulness of evidence based on monitoring of an employee.
Working time
invalidation of agreements covering a fixed number of working days entered into on the basis of the national collective bargaining agreement for Notaries.
Protected employment
effects of reinstatement following a dismissal that was held to be invalid.
Temporary work
restrictive interpretation of the concept of temporary increase in activity.
Employee representatives
penalty for employer’s misuse of confidential information presented to elected representatives.
Equal treatment
assessment of the principle of “equal work, equal pay” at the time of hiring.
Psychological harassment
compensation for damage resulting from a lack of prevention.
Newsletter No. 70 - October 2014
Summary
Psychological harassment
Psychological harassment is not an automatic ground for dismissal for serious misconduct.
Termination of an employment contract
Validity of a mutually agreed termination after a work injury.
Data protection
Conditions governing the admissibility of evidence produced by an automated processing system.
Dismissal for misconduct
Wrongful conduct during a leisure trip organised by an employer.
Employment contract
Information on the rules governing non-disclosure clauses.
Vocational training
Clarification of the use and financing of personal training accounts.
Sale of a business
Procedure for informing employees in trading companies with less than 250 employees.
Newsletter 69 - September 2014
Summary
Retirement
Burden of proof for compulsory retirement.
Working time
Classification of time spent travelling for business.
Night work
The exceptional nature of the use of night work is reasserted.
Social protection
Determination of mandatory coverage with regard to complementary health insurance for employees.
Procedures
New method of calculating the statutory interest rate.
"Generation contracts"
Increased aid for use of this type of contract.
Training
New methods for providing information to and consulting with the works council.
Newsletter 68 - August 2014
Summary
Internal regulations
Complying with alcohol testing provisions.
Redundancy for economic reasons of a protected employee
Labour inspectors cannot base their decisions on the employee's wish to leave the company.
Social and cultural activities
Clarification regarding these activities.
Professional elections
A third party drafting the minutes constitutes grounds for invaliding the elections.
Training
Publication of the law governing traineeships.
Social dumping
Increased monitoring.
Sale of businesses
New obligations to provide information to employees.
Gender equality
Expanding social measures.
Discriminatory dismissal
The Constitutional Council overrules the planned sanctions.
Newsletter No. 67 - July 2014
Summary
Co-employment
Restriction of the scope of the concept.
Professional categories
About the concept of executive officer ("cadre dirigeant").
Employment contracts
Conditions governing the validity of a mobility clause.
Redundancy for economic reasons
Revocation of approval of a job-saving scheme ("social plan") by the labour administration.
Labour court disputes
Impact of a party's capacity as union-appointed counsel in the court where a case is tried.
Unemployment
Details on the conditions governing the entry into force of the new unemployment insurance agreement.
Simplification and adaptation of labour law
Simplification of display requirements.
Termination of employment contact
New labour court procedure in the event of a termination of employment contract requested by an employee due to the employer's behaviour.